Legal Article

Promotion Is Not A Right: The Employee Has The Right To Be Considered For Promotion

Advocate Shivendra

Advocate

High Court Lucknow

Article

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Published on: 16 Mar, 2023

Many employees aspire to get promoted in their jobs as a way of advancing their careers, increasing their income, and gaining more recognition and responsibility. However, promotion is not something that employees can claim as a right or entitlement. Rather, promotion is a privilege that employers can grant or deny based on various factors such as performance, seniority, qualifications, availability of vacancies, organizational needs, etc.

In this blog post, we will discuss why promotion is not a right and what are the rights of employees regarding promotion.

Why Promotion Is Not A Right

Promotion is not a right because it is not guaranteed by any law or contract. Promotion is a discretionary decision that employers make based on their own criteria and policies. Employers have the freedom to decide who to promote, when to promote, how to promote, and why to promote. Employers can also change or modify their promotion criteria and policies at any time without prior notice or consultation with employees.

Promotion is also not a right because it depends on various factors that are beyond the control of employees. For example, promotion may depend on:

  • The availability of vacancies at higher levels
  • The budgetary constraints of the organization
  • The market conditions and demand for certain skills or roles
  • The competition from other candidates within or outside the organization
  • The personal preferences or biases of the decision-makers

Therefore, even if an employee meets all the eligibility requirements for promotion, he or she may still not get promoted due to these external factors.

What Are The Rights Of Employees Regarding Promotion

Although promotion is not a right, employees have certain rights regarding promotion that they can exercise or enforce. These rights include:

  • The right to be considered for promotion: This means that every eligible employee has the right to be evaluated for promotion based on objective and relevant criteria without discrimination or favoritism . This right also implies that employers should communicate their promotion criteria and policies clearly and transparently to all employees and follow them consistently.
  • The right to appeal against unfair denial of promotion: This means that if an employee feels that he or she has been denied promotion unjustly or arbitrarily, he or she has the right to challenge the decision through internal grievance procedures or external legal remedies . This right also implies that employers should provide valid reasons for denying promotion and respond to appeals promptly and fairly.
  • The right to seek alternative opportunities for career growth: This means that if an employee does not get promoted despite being qualified and deserving, he or she has the right to look for other options for career development within or outside the organization. This may include seeking lateral transfers, additional training, mentoring programs,
    volunteering projects etc.

Conclusion

Promotion is not a right but a privilege that employers can grant or deny based on various factors. Employees have certain rights regarding promotion such as being considered for promotion, appealing against unfair denial of promotion, and seeking alternative opportunities for career growth. Employees should exercise these rights responsibly and respectfully while maintaining high standards of performance and professionalism.